Knights of Columbus Memorial Day Service

Founded almost 150 years ago, the Knights of Columbus is a Catholic fraternal service order with over 2 million members worldwide. One long-standing way the Knights have lived out their faith and their patriotism is by holding Memorial Day masses to honor and pray for the nation’s fallen soldiers.  Since at least the 1960s, the Knights held a Memorial Day mass within the Poplar Grove National Cemetery in Petersburg, Virginia, or a prayer service when a priest was not available.

Then, in 2023 the National Park Service denied the Knights a permit to hold the service in the cemetery, citing a new policy that designates “religious services” as prohibited “demonstrations.”  The park’s policy defines a demonstration as “picketing, speechmaking, marching, holding a vigil or religious service, or any other like form of conduct that involves the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers.”

Under the new policy, the Knights were told that their longstanding memorial service now must be held somewhere outside the cemetery grounds, “in a First Amendment designated area” even though the policy could allow other events in the cemetery.

That’s where First Liberty stepped in to fight.  Joined by the international law firm McGuireWoods LLP, we sent a letter to National Park Service officials at the Poplar Grove National Cemetery in Petersburg, Virginia urging them to allow the Knights of Columbus Petersburg Council 694 to hold its annual Memorial Day Mass service in the cemetery.

But when the NPS refused to change its position, the law firms filed a lawsuit and a motion for a temporary restraining order against the National Park Service challenging the NPS’s illegal policy.

Prior to the TRO hearing, however, the NPS granted a permit to the Knights of Columbus Petersburg Council 694 allowing the Knights to conduct the annual Memorial Day mass in the cemetery. Attorneys from both McGuireWoods and First Liberty expressed their satisfaction with the decision.

“We are grateful to the NPS for allowing the Knights to hold their service this Memorial Day,” said John Moran, Partner at McGuireWoods.

Roger Byron, Senior Counsel at First Liberty, added, “The Knights are thrilled that they will be able to exercise their religious beliefs and keep this honorable tradition alive.  We appreciate the tremendous support of Governor Youngkin and Attorney General Miyares in this case.”